WV AG McCuskey: Files Kimberly Polk Supreme Court Amicus on Teacher Speech

• West Virginia Attorney General JB McCuskey is leading a 12-state coalition urging the U.S. Supreme Court to review a case involving a Maryland teacher.
• Teacher Kimberly Polk was barred from substitute teaching by Montgomery County Public Schools after seeking a religious accommodation from gender identity guidelines.
• The school district's policies require staff to use preferred pronouns for elementary students. While previously prohibiting staff from informing parents about a child's gender transition without consent, updated guidelines now require disclosure if a parent requests it or if legally required.
• Ms. Polk's request for reassignment to a classroom without transitioning students was denied, leading to her removal.
• The amicus brief argues the school district's guidelines violate First Amendment protections against compelled speech and religious freedom.

The coalition's filing contends that the school district's directives infringe upon fundamental First Amendment rights, including freedom of speech and religious exercise, by compelling educators to adopt specific viewpoints.

West Virginia Attorney General JB McCuskey is spearheading a coalition of twelve states in an appeal to the U.S. Supreme Court, advocating for a Maryland educator who faced professional repercussions after seeking a religious accommodation. The multi-state amicus brief, filed in the case of *Kimberly Ann Polk v. Montgomery County Public Schools*, requests the nation's highest court to intervene following a Fourth Circuit decision that went against the teacher.

The core of the dispute centers on Montgomery County Public Schools (MCPS) gender guidelines, which mandate staff to use pronouns for elementary school children that may not align with their biological sex. Furthermore, these guidelines now require staff to share information about a student's gender identity if a parent or guardian specifically requests it, or if disclosure is otherwise legally required. The coalition argues that these policies compel speech and infringe upon religious freedoms, prompting their call for Supreme Court review.

Kimberly Polk, the teacher at the heart of the legal challenge, sought a religious accommodation from the Montgomery County Public Schools gender guidelines, citing a conflict with her Christian beliefs. Her request was specific: she asked to be assigned to a classroom where no student was undergoing gender transition, a solution that would have allowed the school's guidelines to remain in effect for other staff members and classrooms.

Despite her proposed accommodation, the school district rejected Ms. Polk's request. Following this refusal, she was subsequently barred from substitute teaching within the district. This action by MCPS directly led to the legal challenge, with the multi-state coalition now supporting Ms. Polk's appeal to the Supreme Court.

The amicus brief, submitted by West Virginia alongside eleven other states, contends that the Montgomery County Public Schools gender guidelines raise significant First Amendment concerns. Specifically, the filing asserts that the policies compel speech, silence speech, and endorse a particular viewpoint in the ongoing debate surrounding gender identity. The coalition further argues that the guidelines pressure Ms. Polk to abandon her sincerely held religious views, creating an untenable choice between her faith and her employment.

Attorney General McCuskey emphasized the gravity of the situation, stating that no educator should be forced to choose between their religious convictions and their job. The states joining West Virginia in this crucial filing include Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, and Texas. Their collective action underscores the widespread concern among these states regarding the implications of such school district policies on fundamental constitutional rights.

The coalition's filing directly challenges the Fourth Circuit's previous rejection of Ms. Polk's claims, which centered on her exercise of free speech. By urging the U.S. Supreme Court to take up the case, the states aim to secure a definitive ruling on whether public school districts can mandate speech and actions from educators that conflict with their sincerely held religious beliefs. The outcome could significantly clarify the scope of First Amendment protections, particularly regarding compelled speech and religious accommodation for teachers in public schools.

Should the Supreme Court grant certiorari, its decision in *Kimberly Ann Polk v. Montgomery County Public Schools* could establish a precedent with far-reaching implications for public school gender policies and the rights of public employees across the nation. The coalition seeks to ensure that the Constitution prevents school districts from forcing educators to articulate views that violate their deeply held religious convictions.

Lawyers advising public school districts, public employees, or religious organizations should closely monitor the U.S. Supreme Court's decision on whether to grant certiorari in *Kimberly Ann Polk v. Montgomery County Public Schools*. A decision to hear the case could lead to significant clarification of First Amendment protections against compelled speech and religious accommodation requirements for educators concerning gender identity policies, impacting compliance strategies and employee rights.

Source: Original reporting via the West Virginia Attorney General's Office.